Negative Liberty Legal Value

Negative liberty is a core concept of liberalism, which is the liberalism we are referring to in general sense. This paper is not a whole study of the liberalism, but from a perspective of the negative liberty to analyze the liberalism, on a basis of strict defining negative and positive liberties, so as to shed some possible unnecessary theoretical confusion from the whole study of the liberalism. A positive significance in such a means is to conclude smoothly the legal values of the negative liberty, which is rather the ultimate end of this research. Following such a research frame and idea, this paper, besides introduction and conclusion, falls into 4 chapters and 12sections. It is generally as following:Chapter â… : "a general theory of the negative liberty" ,which mainly introduces the concept of the negative liberty and the contradiction between two liberal theories, it consists of 3 sections. The forming course of the concept of the negative liberty is also the developing history of the liberalism. In the period of classical liberalism, the revealing of the negative liberty is based on the rebellion of autocracy and slavery and the eulogy of human nature and rights, which puts forward such an essential content as "the liberty is living in one's own nature and against outside intervention" . In the period of modern liberalism, starting from restricting the public power, the negative liberty refers to "the personal rights guaranteed by a legal system and without the outside coercion from the public power" ; In the period of contemporary liberalism, on the basis of Berlin's clear clarification of the negative liberty and positive liberty, the negative liberty is defined as "the wide-ranging absence of coercion and slavery under the protection of national system of constitutionalism and is a personal private realm with an ensuring guarantee". The contradiction between these two liberal theories is an important channel of having a deep research on the negative liberty. In the periods of Ancient Greece and Rome, the contradiction between the theories of negative and positive liberty has revealed; In the period of classical liberalism, this contradiction mainly shows from the two different theoretical paths in liberty of Locke and Rousseau; In the period of modern liberalism, the contradiction is the continuity of such two traditional theories of liberty, with clashes on the theory of system more prominent; In the period of contemporary liberalism, on...